Wednesday, February 1, 2012

Porn companies seek revenge for illegal downloads

In Digital Sin, Inc. v. Doe, 2012 U.S. Dist. LEXIS 10803 (S.D.N.Y. 2012), the court held that the plaintiff may subpoena customer records for certain IP addresses that illegally downloaded - in whole or in part - a video titled "My Little Panties #2." The process is as follows:

  • Once the ISP receives the subpoena, they have 60 days to serve the customers.
  • Customers will have 60 days from service to contest the subpoena or request anonymous litigation.
  • After 60 days, the ISP may release information to the plaintiff unless a customer has moved to quash or modify the subpoena.
Thus, the court has issued a limited protective order, allowing the parties to be heard before their information is revealed to the plaintiff.

RELATED CASE: The Electronic Frontier Foundation has filed an amicus brief in a different set of litigation involving illegal downloads by 1,495 individuals of pornography. The D.C. federal judge ordered that in order to make a motion to remain anonymous, defendants must reveal their identities. Yes - to remain anonymous, they must give up their anonymity. The EFF argues that this ruling will force defendants to either settle or suffer public embarrassment. The suit is part of litigation filed by Hard Drive Productions, Inc., and others have been filed in states across the country, including California, Virginia, and Illinois.

2 comments:

  1. It's impossible to catch all of them, maybe a handful is doable. But the real question is if they're willing to spend that much just to make a statement?

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  2. I agree with that, and if a handful are caught, would this be enough to prevent future illegal downloaders from popping up?

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